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My employer is restructuring our company and my position has…

My employer is restructuring...

My employer is restructuring our company and my position has been eliminated. They offered me an entry level position with a drastic pay cut. It would require me going back into the local office and working directly with the immediate supervisor who is verbally abusive. If I decline the position offered, can I collect unemployment.

Lawyer's Assistant: Was this retaliation? Or based on age, race, religion, gender, or disability?

Was what retaliation?

Lawyer's Assistant: The Employment Lawyer will be able to walk you through that. What kind of workplace is this (private sector, public sector, etc.)? How many employees?

Private

Lawyer's Assistant: Where are you located? Workplace termination laws vary by state.

Hello! Thanks for coming to the site. I am an attorney ready to answer your questions. I have a nearly 100% satisfaction rating. All that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question? Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Also, you may get a phone call request. These are pop-ups sent by the system; not by me. You're free to accept or decline as you wish.

Generally, the state will give you unemployment if you quit for good cause. Good cause is kind of a generic term, but basically the law says that if a reasonable person in the same situation would have quit, then the state is likely to give it. Generally, good cause reasons are:

Your working conditions became prejudicial or harmful to your health, safety, or morals;

The terms of your employment changed from what you and your employer had previously agreed upon. For example, there was a change in your rate of pay, position or grade, duties, days of work, or hours of work;

Leaving to take care of unexpected and urgent problems with the child care arrangements you have been using.

It's up to the state to make the decision, but if you can come up with as many reasons as possible, then you approve your chances. So if you've been demoted with a pay cut, then your chances are good. If you have a mean boss, that's normally not enough, but the pay cut and defamation generally are.

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Customer reply replied 19 days ago

Thank you. Is there anything I should ask for from my employer BEFORE I submit my resignation?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).